ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

NCCER Celebrates Construction Education Programs and Products in 2024

January 07, 2025 — The National Center for Construction Education and Research
ALACHUA, Fla., Dec. 30, 2024 (GLOBE NEWSWIRE) -- The National Center for Construction Education and Research (NCCER) released several new or updated educational products in 2024, serving its ongoing mission to provide workforce development solutions for the construction industry and impacting 330,000 people. NCCER's newest craft training products include a new certification program, multiple curricula updates, new Spanish curriculum translations, and NCCERconnect digital courses and resources. One of the highlights of the year was the launch of the brand-new Construction Foreman Certification Program. Helping to fill a significant gap in formal training for frontline supervisors, the program covers critical areas of field leadership such as people management, communication, quality, safety and productivity. The Construction Foreman Certification Program is the latest offering in NCCER's Construction Leadership Series (CLS), which provides turnkey, self-paced online certification solutions for leadership development. The first title in the CLS, the Construction Superintendent Certification Program, debuted in 2023. About NCCER – The National Center for Construction Education and Research (NCCER) is an independent 501(c)(3) nonprofit education foundation and the leading provider of construction education for industry and career and technical education programs. With flexible workforce development and learning solutions, NCCER's programs provide consistency and quality to ensure craft professionals and learners receive industry-recognized credentials and certifications. To learn more, visit www.nccer.org.

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Is the Construction Industry Actually a Technology Hotbed?

August 19, 2024 — Andrew Silver - Construction Executive
Technology has always been a driving force behind progress, and the construction industry is no exception. Over the years, technological advancements have revolutionized the way companies design, plan and build structures, leading to increased efficiency, safety and sustainability. From virtual-reality simulations to drones and 3D printing, technology has transformed every aspect of the construction process. However, the construction trades still lag behind other sectors in adoption of digital technologies. With a lack of skilled labor continuing to be an impediment to growth and profitability in the construction industry, technological developments could have significant implications for successful adopters. Already, the industry is seeing a huge difference in valuation between traditional engineering and construction firms and construction software companies. As labor shortages continue to hinder growth in the industry, consolidation is likely, as is the probability that companies with the greatest tech capabilities will be the most highly valued. There are several areas of technology that are of the greatest interest in the current marketplace. BIM Building information modeling with computer-aided design software now allows architects and engineers to create detailed and accurate 3D models of buildings and infrastructure projects, integrating data about every aspect of the building, from materials and costs to energy efficiency and maintenance schedules. These models not only help in visualizing the final product; they also enable better communication and collaboration among project stakeholders. Reprinted courtesy of Andrew Silver, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Construction Litigation Roundup: “Give a Little Extra …”

July 31, 2024 — Daniel Lund III - Lexology
Surplus lines insurers in Louisiana are considered by the state to be “an alternative type of property and casualty insurance coverage for consumers who cannot get coverage on the standard market … for specialty risk or high-risk situations….” As a quid pro quo for undertaking the exceptional risk, a surplus lines insurer argued to the United States Fifth Circuit Court of Appeals that an arbitration clause within its surplus line policy should be enforceable, notwithstanding a Louisiana statute applying to the insurance industry and prohibiting terms in insurance policies “delivered or issued for delivery” in Louisiana which have the effect of “[d]epriving the courts of this state of the jurisdiction or venue of action against the insurer.” La. R.S. 22:868. Historically in Louisiana, arbitration clauses have been understood to divest courts of jurisdiction, and, consequently, §22:868 has been held to memorialize an “anti-arbitration policy,” although the statute does not specifically mention arbitration. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds

September 02, 2024 — Craig Rokuson - Traub Lieberman
In the recent case of Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor as well as its wholly owned subsidiary. Trisura insured the subcontractor, who employed the injured worker. Travelers brought suit, alleging that Trisura is obligated to defend and indemnify the general contractor, its subsidiary, the owner of the building (The City of New York), and the tenant. Trisura denied any obligation to provide coverage due to the application of the “Demolition Exclusion” to the Trisura policy, which provides, in part, that there is no coverage for injury or damage arising out of the demolition of any building or structure which has original ground height in excess of three stories. The accident occurred during the interior demolition of the fifth floor of the building. The court held that the Demolition Exclusion applies only when there is a complete tearing down, razing, or destruction of an entire building. As the accident occurred during interior demolition, the exclusion did not apply. Read the full story...
Reprinted courtesy of Craig Rokuson, Traub Lieberman
Mr. Rokuson may be contacted at crokuson@tlsslaw.com

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Hawaiian Electric Finalizes $2 Billion Maui Fire Settlement

November 18, 2024 — Mark Chediak - Bloomberg
Hawaiian Electric Industries formalized a $2 billion agreement to settle damage claims from a wildfire that razed the historic town of Lahaina and killed more than 100 people. The utility-owner had reached a tentative agreement in August in which it, along with other defendants including the state of Hawaii, Maui County and landowners, would pay $4 billion to resolve hundreds of lawsuits stemming from last year’s wildfire, according to a filing Tuesday. The settlements don’t resolve claims with insurers that are part of separate lawsuits. Read the full story...
Reprinted courtesy of Mark Chediak, Bloomberg

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Los Angeles Recovery Crews Begin to Mobilize as Wildfires Continue to Burn

January 21, 2025 — Scott Blair, Aileen Cho, & C.J. Schexnayder - Engineering News-Record
More than a week since wildfires broke out in the Los Angeles area stoked by hurricane-force Santa Ana winds, officials are hoping that a change in the weather will soon allow the long process of recovery to begin. Reprinted courtesy of Scott Blair, ENR, Aileen Cho, ENR and C.J. Schexnayder, ENR Mr. Blair may be contacted at blairs@enr.com Ms. Cho may be contacted at choa@enr.com Mr. Schexnayder may be contacted at schexnayderc@enr.com Read the full story...

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Benefit of the Coblentz Agreement and Consent Judgment

August 26, 2024 — David Adelstein - Florida Construction Legal Updates
If you are not familiar with the concept of what is commonly known as a Coblentz agreement relative to an insurance coverage dispute, review these prior postings (here and here and Demonstrating A Fraudulent Inducement Claim Or Defense

Tennessee Looks to Define Improvements to Real Property

California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

Washington’s Court of Appeals Protects Contracting Parties’ Rights to Define the Terms of their Indemnity Agreements

Review your Additional Insured Endorsement

Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

Las Vegas HOA Case Defense Attorney Alleges Misconduct by Justice Department

The Final Frontier Opens Up New Business Opportunities for Private Contractors

Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

California Department of Corrections Gets Hit With the Prison Bid Protest Blues

Surety's Settlement Without Principal's Consent Is Not Bad Faith

Is It Time to Revisit Construction Defects in Kentucky?

Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano Damage

Water Damage Sub-Limit Includes Tear-Out Costs

Breach of a Construction Contract & An Equitable Remedy?

Crime Lab Beset by Ventilation Issues

There’s an Unusual Thing Happening in the Housing Market

Pennsylvania “occurrence”

New Jersey’s Independent Contractor Rule

Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense

Federal Court Again Confirms No Coverage For Construction Defects in Hawaii

Anchoring Abuse: Evolution & Eradication

New Law Raises Standard for Defense Experts as to Medical Causation

Consulting Firm Indicted and Charged with Falsifying Concrete Reports

Appellate Court La
Waiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract Term

Construction Robots 2023

Slavin Doctrine and Defense from Patent Defects

For US Cities in Infrastructure Need, Grant Writers Wanted

Sewage Flowing in London’s River Thames Draws Green Bond Demand

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer

You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim

Antitrust Walker Process Claims Not Covered Under Personal Injury Coverage for Malicious Prosecution

Hunton Insurance Recovery Partner Michael Levine Quoted on Why Courts Must Consider the Science of COVID-19

Drafting a Contractual Arbitration Provision

Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

No Additional Insured Coverage for Subcontractor's Work Outside Policy Period

Boston Building Boom Seems Sustainable

Another Smart Home Innovation: Remote HVAC Diagnostics

Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor

Prior Occurrence Exclusion Bars Coverage for Construction Defects

Suzanne Pollack Elected to Lawyers Club of San Diego 2021 Board of Directors

Construction Spending Highest Since April 2009

Meet D1's Neutrals Series: KENNETH FLOREY

Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment

Conversations with My Younger Self: 5 Things I Wish I Knew Then

Avoiding Project Planning Disasters: How to Spot Problem Projects

Techniques for Resolving Construction Disputes

The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Home Buyer Disclosures, What’s Required and What Isn’t

Developer's Novel Virus-killing Air Filter Ups Standard for Indoor Air Quality

St Louis County Approves Settlement in Wrongful Death Suit

Get to Know BJ Siegel: Former Apple Executive and Co-Founder of Juno

U.S. Supreme Court Weighs in on Construction Case

Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage

A Loud Boom, But No Serious Injuries in World Trade Center Accident

Approaching Design-Build Projects to Avoid (or Win) Disputes

Does a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?

Late Notice Bars Insured's Claim for Loss Caused by Hurricane

Indemnity Provision Prevails Over "Other Insurance" Clause

U.S. Supreme Court Limits the Powers of the Nation’s Bankruptcy Courts

Performance Bond Primer: Need to Knows and Need to Dos

Court Addresses Damages Under Homeowners Insurance Policy

Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion

Judicial Economy Disfavors Enforcement of Mandatory Forum Selection Clause

Additional Insured Is Covered Under On-Going Operations Endorsement Despite Subcontractor's Completion of Work

Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

Infrastructure Money Comes With Labor Law Strings Attached

A Contractual Liability Exclusion Doesn't Preclude Insurer's Duty to Indemnify

Going Digital in 2019: The Latest Technology for a Bright Future in Construction

Six Reasons to Use Regular UAV Surveys on Every Construction Project

ACEC Statement on Negotiated Bipartisan Debt Limit Compromise

Congratulations to Nicholas Rodriguez on His Promotion to Partner

Wilke Fleury Attorneys Highlighted | 2019 Northern California Super Lawyers